Kelly's heirs v. Bradford

*317OPINION of the Court, by

Judge Owsley.

In the year 1780, Samuel Bryant having a commissioners’ certificate for a pre emption of 1000 acres of land, to lie about three miles from Bryant’s Station, assigned the game to John Bradford, for which Bradford executed his bond to Bryant for a conveyance of part thereof, when a title should be procured.

After this Bryant sold to Samuel Kelly 500 acres, part of the aforesaid tract; but not being entitled to that quantity under his contract with Bradford, gave him other lands for the deficiency, and Bradford then gave his obligation to Kelly, under the…